Game Animal Council Submission - Full Submission

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1.0 INTRODUCTION

1.1 OVERVIEW

This submission is presented by the National Executive of the New Zealand Deerstalkers’ Association Incorporated, here and after referred to as NZDA, and by the term “the Association”.

It is a considered response to proposals made in sections 2.1 – 4.4 (p. 14-32) of the document entitled “Options for Establishment of the New Zealand Game Animal Council” dated September 2009, issued by the Establishment Committee appointed in respect of the proposed entity. The document to which this submission responds will here and after be referred to as the ECDD.

The submission represents the view of the National Executive, and also stands as a statement of the corporate position and opinions of the 54 branches, and the 7,700 members of all of those branches within the Association. The submission also advocates in the interests of 7 hunting clubs with a combined total of 1,000 members, which are officially affiliated with NZDA.

In addition, all branches and individual members of the Association have been encouraged to send their own regionally focused submissions to the establishment committee. Branch and individual members’ views expressed in any such submissions are considered by the National Executive to be complementary to, and supportive of, the national focus of this submission. Branch and member submissions may display variation in respect of points of opinion and support for such opinions as they include. The Association urges the establishment committee to read and analyse this submission and those of NZDA’s branches and individual members as a heterogeneous, but inter-related body of community response to this process. It strongly discourages the analysis of all NZDA submissions as a single response within a formal analysis of submissions process.

Section 2 outlines a case in support of the appointment of two NZDA representatives to the new game animal council. This case is illustrated with examples of the physical, social and intellectual contributions the Association makes to the outdoor recreation community throughout New Zealand, as well as to the lives of its members.

Section 3 records the Association’s collective responses to questions 1 – 7, posed on page 36 of the ECDD, as well as an analysis of views of senior members and past presidents, expressly elicited by the Executive to inform this submission.

Section 4 provides addenda to be read with questions 4 and 6, and an addendum on matters and issues the Executive wishes to see reflected adequately in the drafting of enacting legislation for the council.

1.2 OUR POSITION

NZDA’s corporate position and recommendations on the proposal for a game animal council have been informed by:

  • One meeting of members of the National Executive held on 12 November 2009;
  • Papers produced by the compiler of this submission, the Association’s National Advocate, and an external advisor;
  • Research on specific matters undertaken by individual members of the National Executive;
  • Views of senior members of the Association and Past Presidents, expressly elicited for this process by invitation from the National President;
  • We believe the view expressed is durable and that it serves as a reference point for further interactions with the establishment committee, and the Minister of the Crown overseeing the establishment process.

NZDA fully appreciates that further input will be sought from the Executive and branches, at the point when any enabling legislation reaches its second reading before a select committee, or any special committee(s) appointed to examine such bills as are drafted.

We have focused here on addressing the seven questions of section 6 of the ECDD, providing advice and recommendations to support establishment of the new game animal council, and the drafting of appropriate law for that purpose. We have chosen not to focus on operational and strategic matters a new council may deal with once established.

2.0 A CASE FOR TWO OR MORE COUNCIL MEMBERS

NZDA welcomes the proposal in the ECDD (S2.8.4) that the Association should nominate two of the council positions representing recreational hunters on a new game animal council. NZDA believes it has earned this opportunity by virtue of its 72 year record of delivering a wide range of services and offering a range of benefits to its membership. It regards itself as New Zealand’s premier recreational hunting organisation and sees real benefit in being able to offer its physical, social and intellectual resources, and members’ expertise and experience to the new council.

Besides its large membership noted in section 1 of this submission, NZDA offers the following points about its physical resources, which already provide benefits for members and the general public:

  • NZDA branches collectively own 25 huts and 32 ranges;
  • NZDA has a Heritage Trust museum and library, which are available for public and members’ use;
  • NZDA has more members and affiliated clubs than any other hunting organisation in the country.

Nationwide, NZDA enjoys the patronage of many skilled volunteers who provide essential training and development services to the outdoor recreation community. They include:

  • In excess of 100 trained range officers;
  • Around 240 firearms instructors, actively involved in firearms licence testing;
  • 100 assessors trained to use the Douglas Score. These members provide scoring for internal competitions and for the annual Taupo Sika and Christchurch Tahr Shows;
  • 50 HUNTS Hunter Training Course instructors. These members trained 214 hunters over 19 courses in the 2008-09 year, and hunter numbers are increasing annually;
  • 6 Qualified range certifiers.

International and national organisations on which NZDA is represented by one or more members include:

  • Council of Licensed Firearms Owners (one board member);
  • Coalition of Outdoor Recreation Associations of New Zealand (three board members);
  • International Hunter Education Association (one board member);
  • Sporting Shooters’ Association of Australia (with whom we are closely involved, especially with Pacific Regional Shooting Championships);
  • New Zealand Mountain Safety Council (one council member and one on the firearms committee).

Regional committees and trusts in which NZDA is heavily involved include:

  • Lower North Island Recreational Hunter Liaison Group (with representatives from five branches);
  • Kaimanawa Forest Park Management Plan Group (with two NZDA representatives);
  • Kaweka Recreational Hunting Area Liaison Committee (with representatives from all Hawke’s Bay NZDA branches);
  • Stewart Island Pest Management Liaison Group (with representatives from the National Executive, and Southland and Southern Lakes NZDA branches);
  • Rakiura Camp Trust (with all four trustees being NZDA members). This group has engaged a total of 50 members in the construction and maintenance of 8 huts on Stewart Island.

The Association expects many of these resources will assist and even stimulate the growth of the new council. However, it insists that NZDA will continue to grow, and differentiate itself from the new council. Members do not wish to see the new council competing with NZDA in delivering crucial services to hunters, nor do they want duplication by the council of important functions their Association subscriptions already pay for.

Notwithstanding this assertion, the Association endorses the proposal that NZDA should nominate two of the council positions representing recreational hunters.

3.0 RECORD OF RESPONSE TO THE DISCUSSION DOCUMENT AND ITS PROPOSAL

This section contains two quite different responses to the content of the discussion document.

Subsection 1 records the collective response of the National Executive to the seven questions posed in section 6 of the ECDD. Subsection 2 provides a brief qualitative and theme based analysis of views held by senior members and past presidents of NZDA, pertaining to the document as a whole, and including the committee’s proposal.

The tabulation of views in each subsection are in no way related and have not been analysed as a whole in any way. The Association expects therefore, that no combinatory qualitative or quantitative analysis of both subsections as a whole should be applied by the establishment committee when considering our corporate view.

3.1 THE VIEW OF THE NATIONAL EXECUTIVE

The answers provided here are borne out of motions proposed and carried at our Executive meeting of 12 November 2009. All motions were passed either with a majority in support, or with the entire compliment of Executive members present in support of them. Thereby, we consider the answers to stand as the view of the Executive representing the membership electing it.

Answers are reported according to the motions delivered at the meeting.

QUESTION ONE

NZDA agrees with, and supports the use of the name “New Zealand Game Animal Council”. We concede willingly that the use of the term “hunting” in the name would not necessarily reflect the diversity of interests in game animals current in New Zealand society. We accept that what may unite all proposed representatives are the various values we all place on deer and other game, not hunting itself.

We also accept, though less willingly, that such interests as farming, indigenous conservation, and forestry may have legitimate rights of representation on a council designed to administer wild and managed animal resources. Such other interests may perceive themselves as alienated if “hunting” is mentioned in a new council’s name.

QUESTION TWO

NZDA agrees with the recommendation made by the committee that DOC should continue to identify, via public processes, priority areas where deer, tahr, chamois and wild pigs need concerted control for conservation purposes. We believe strongly however, that outside these areas (which should be few), the game animal council should manage these species for the benefit of hunters primarily, and other interests secondarily.

NZDA expects new legislation establishing the council and consequential amendments to the Wild Animal Control Act will ensure only high priority conservation areas containing very sensitive indigenous biodiversity, will be excluded from year round access. We specifically do not want to see DOC handing over areas it deems suitable, and holding onto others which may also be suitable but which are favoured for other uses by elements and opinions internal to the department.

We further suggest:

  • That the new council is empowered by its enabling act to conduct public consultation prior to any designation of new areas of high conservation priority and/or prior to removal of areas from this classification;
  • That DOC works with the new council to continue and improve public involvement through consultation and otherwise with development of conservation management strategies and conservation management plans;
  • That the council’s enabling legislation empowers it to develop hunter registration schemes for the purpose of monitoring and evaluating hunter participation and use of the game animal resource. These powers should ensure that adequate and easily accessible data is collected on hunting and hunters, as well as about quality and distribution of game, throughout the country. Such schemes as we propose will surely work to inform decisions about designation of areas for hunter management and areas where hunting may be restricted or excluded for conservation purposes.

A final note on this question is that NZDA wishes to see hunter participation in control of animals for conservation purposes increased under this proposed council. We will happily assist the establishment committee with further ideas on how this might be achieved, in the event the proposal goes further.

QUESTION THREE

NZDA believes the new council should report to one lead Minister, and this should be the Minister of Conservation. Our proposal in S4.1 would allow relationships to flourish with other Ministers if the council is a Crown agent or autonomous entity, but the Conservation Minister’s mandate appears to us to stand above all others where wild game are concerned.

The Association also strongly recommends that the committee investigates how enabling legislation could be drafted to empower the council to establish instruments and staffing capability, for conflict resolution and mediation of disputes. We believe this matter is not dealt with clearly in the ECDD and note that no mention is made of conflict resolution, arbitration, or lower level mediation capability in the resourcing section (S4.1) of the proposal. We are aware through long experience that conflict resolution and mediation of disputes are endeavours lying at the heart of animal management. We see them as crucial foundation functions of a new council and matters germane to the drafting of any new statute establishing it.

We recommend to the committee that it publishes more detail about how it will advise the Minister on these matters before any bill is drafted, and especially before its first reading by the House of Representatives.

QUESTION FOUR

NZDA fully supports the proposal that the new council should be a single national organisation rather than a regionally based one. Our alternative view, expressed in S4.1 of this submission, is provided to widen the discussion about precisely what kind of national entity, the council should be. We believe the Fish & Game New Zealand (F&G) national council model, though robust, may not be the only option and would be happy to provide further advice and suggestions in support of our alternative.

NZDA also recommends the committee endorses decision making by majority, rather than by consensus in its advice to the Minister. We cannot see how consensus voting would work in a council with such diverse and often opposite interests.

QUESTION FIVE

On the whole, NZDA agrees with the proposals for stakeholder representation on the committee. We would however, support the removal of Federated Farmers, a scientific representative, and the conservation NGO’s seats as proposed in the ECDD.

We note that only regional representatives are proposed to speak for pig hunters and helicopter operators. We would prefer that the committee does its best to encourage interested members of these communities to form national bodies which could speak with a national voice more credibly. We suggest the committee advises the Minister on this point also, rather than deferring to local regional interests operating at present.

QUESTION SIX

NZDA supports the designations proposed for new schedule changes to the Wildlife Act 1953 and thereby, the names proposed for different classes of animals which might appear in new schedules. Our detailed addendum on this question in S4.2 of this submission, provides further suggestions about how the Wildlife Act could be amended to accommodate new schedules and how a new act for the council could allow it to embrace these changes.

QUESTION SEVEN

NZDA supports several of the funding streams proposed in the ECDD. We will support a charge for hunters entering any registration schemes but will not support council imposed charges for hunting permits.

We believe that permit holders who declare themselves to be unaffiliated could be registered as electors for unaffiliated representatives on a new council, if election of some or all councillors is finally adopted.

We would also suggest the committee researches and then provides advice to the Minister on the matter of profit margins obtainable on meat taken in wild animal recovery operations. We suggest profits already being made from such operations may justify a levy to support the functions of the council.

3.2 THE VIEWS OF SENIOR MEMBERS

This submission process has attracted enormous interest from members around the country, and especially of senior members and former office holders of NZDA. To capture this interest, the National President issued an invitation early in November to any elders and former presidents of the Association with long experience of game animal politics and management to send their views to the Executive. The President felt strongly that such views may inform and help to direct the view of the Executive in this submission.

A small number of submissions were received, including those of three former presidents and several members of high standing.

We include a simple qualitative theme based analysis of the views expressed in these submissions in table 1.

The themes are tabulated in their order of importance, and the relative weight given to them by submitters.

We found they were instructive to us in forming our own view, and showed that the ECDD was well and carefully read by members who may yet contribute more to the development of the new council.

Table 1
Views of senior members of NZDA analysed by theme.

Theme:

Specific concern or observation.

Representation and governance:

High number of farming representatives proposed may disadvantage recreational hunters.

Several proposed representatives have nothing to do with sport of hunting, or with wild animal management.

Farming interests may gain too much influence through a deer farmers’ representative and a Federated Farmers’ representative.

How and why unaffiliated hunters should be represented on the council is unclear and therefore is of concern.

Conservation NGO’s seat should not automatically go to Forest & Bird; other candidate organisations may be more suitable.

17 on the council is too many.

Some candidates may seek appointment for personal gain, not for the good of sport.

Any scientist appointed must be a credible wildlife biologist with empathy for hunting and the value of game as a resource.

Business and mandates:

Conflicts between commercial and farming interests, and recreational interest on council may compromise and derail council’s business and compromise impact.

Any processes adopted other than election of councillors may diminish its popularity and credibility with hunters.

Council may end up being in direct competition with NZDA in delivering hunter training courses, competitions, and hunts.

If the council has no mandate to operate on private lands, private land owners should have no say in how wild animals are managed outside their own lands.

The council may inadvertently become a means of legitimising helihunting at the expense of recreational hunters.

Compliance and law enforcement liaison function must be part of the core functions of the council.

The council may be duplicating what NZDA does already.

Congruence with NZDA values:

Joining the council may compromise and go against long established NZDA policy.

Compulsory charges for game management may result in adverse reaction from NZDA members.

National governance may not uphold regional uniqueness of special herds and hunting clubs who help to manage those who hunt them.

NZDA members may object to paying for what they have enjoyed for nothing, for so long.

4.0 ADDENDA

This section contains detailed proposals and recommendations in respect of questions 4 and 6 of the ECDD. It also contains a special addendum on matters the Association expects the establishment committee to consider when advising Ministers on the drafting of founding legislation for the council.

4.1 AN ALTERNATIVE MODEL FOR ESTABLISHMENT

Section 3.1.1 of the discussion paper appears to opt for a model of establishment, similar to that of the National Fish & Game Council, under part 5A of the Conservation Act 1987.

Having investigated this matter in some depth the Association believes a better model is available as follows:

  • That the council may be established under its own Act of Parliament, as a statutory entity pursuant to Section 7(1)(a), of the Crown Entities Act 2004.
  • That the council may be constituted as a body corporate, and may apply for exemption from income tax, and rules governing acquisitions, stocks, securities, and derivatives, pursuant to Schedule 1 or 2, of the Crown Entities Act 2004.
  • That the council may have direct accountability to a principal Minister, but would not be prevented from establishing relationships with other Ministers with direct and enduring interests in the work of the council (S27(2) of the Crown Entities Act).
  • That the game animal council could become either a Crown agent or an autonomous Crown entity, deriving from such status, benefits not obtainable by F&G’s national council.

Precedents for councils established under their own acts with wide statutory powers include:

  • The Alcoholic Advisory Council and its Act of 1976;
  • The Arts Council of New Zealand and its Act of 1994;
  • The Health Research Council and its Act of 1990.

Advantages of this proposal include:

  • The ability to create a new entity through a new statute governed by a quite liberal Crown Entities Act; versus producing an uneasy fit with F&G through yet another amendment to the Conservation Act.
  • Creating a totally new governance structure with room to opt for election and/or appointment and co-option within a new act; versus using only the election analogue provided for F&G.
  • Power to act with more freedom outside the department administering the council’s new act; versus limited powers F&G has to act without interference or direction of the Director General of DOC and the Minister in charge of DOC.
  • Freedom to establish committees by statute under clauses of a new act; versus no freedom at all for F&G. NZDA sees this advantage as being especially important to facilitate a wide range of compliance, management or policy functions under council jurisdiction.
  • Much wider powers enabled under the Crown Entities Act (Sections 73-6) for a new council to delegate functions and/or to control delegations within its own act; versus no such machinery at all in the Conservation Act for F&G unless specified by the Minister of Conservation.
  • Power to incorporate gift and contribution provisions of the Crown Entities Act into a new act for the council. This means gifts and contributions could be made freely to the council, unless prohibited by other laws, and this provision could be vital if fee-paying licensees, as an income stream, are not contemplated initially. No such advantage is available to F&G.
  • Freedom of Council from directions from Ministers on general policy, unless such is provided for by other enactments (S104(3) Crown Entities Act); versus no such freedom for F&G which has no power to refuse direction from the Minister, whether or not it is government policy provided by enactment. NZDA is aware that many cross sectional issues such as trade assurance for farmed and wild venison, food safety standards, poisons and their effect on trade access are matters on which Ministers can give directions to their departments, but which in themselves, are not always the subjects of formal statute or solid government policy. This advantage of being able to “refuse to comply with” directions not enshrined in statute could be a handy bulwark as the council establishes itself.
  • Possibility under a new act of applying for exemption from acquisitions, borrowing, securities and derivatives rules (S160(1)(d) Crown Entities Act), and for exemption of payment of the council’s net surpluses to the Crown (S165); versus no such options available for F&G.
  • NZDA notes in advancing this point that F&G currently doesn’t have status independent enough to apply for such exemption under the Conservation Act. The advantage in enabling the council through a new act could be that a new council may not have the same restrictions as entities like F&G, and may keep and hold more assets and more revenues with impunity than F&G can.

The three acts which established viable statutory entities mentioned above are useful models for the game animal council establishment legislation. They are wholly more instructive and enabling than part 5A of the Conservation Act, and may deliver a more flexible and more efficient council than F&G currently is.

Models of statutes and sections of statutes we believe worthy of the Minister’s further scrutiny are listed in table 2 below.

Please note: Acts referred to as models in the table below are abbreviated as follows:

AACA - Alcoholic Advisory Council Act

ACA - Arts Council Act

HRCA - Health Research Council Act.

Table 2
Proposals and models for new game animal council establishment act.

Proposed section title:

Model act:

Model section.

Purpose:

ACA and HRCA

S4.

Principles:

ACA

S5.

Primary objective:

AACA

S7.

Functions

AACA

S8.

HRCA

S6.

Powers:

AACA

S9.

HRCA

S7.

Membership:

AACA

SS3 and 3A.

HRCA

S8.

Establishing committees:

HRCA

SS13 and 15.

Principal functions of committees:

HRCA

SS 14 and 16.

Membership of committees:

HRCA

S20 especially but also SS 23 and 26 for helpful generic guidelines.

Strategic plan required:

ACA

S10.

Exemption from income tax:

ACA

S12.

HRCA

S39.

NZDA sincerely hopes the establishment committee takes legal and policy advice from The Crown Law Office, Treasury and specialists in The Office of the Controller and Auditor General, in respect of this case for a new crown entity before preparing a view based on it for the Minister of Conservation and his Associate Minister.

NZDA believes this is a strong, well-argued case for a new entity with a more sophisticated legislative mandate than was attainable at the time F&G’s national council was established 20 years ago.

4.2 THE WILDLIFE ACT 1953

Proposals for changes to schedules and amendments to the principal act with further suggestions on supporting provisions in a new council act.

Section 3.1.2 of the ECDD contains a short discussion about changes to the classification of wild animals, which may be required if a new council is established by statute. Such changes will be achieved principally by amendment to the Wildlife Act 1953 and we fully understand that a new council act will have little influence over this separate process.

NZDA has long held concerns over the status of wild game animals valued by its members under the Wildlife Act. We welcome this opportunity to provide recommendations and suggestions on ways of improving this antiquated piece of law.

We offer our support in our answer to question 6 for the new names proposed for classes of game animals by the establishment committee. We offer the following suggestions on changes and improvements to the Wildlife Act, achievable through amendment of the same, and through innovations in a new council act which support and extend our answer.

  • Schedule 6 of the Wildlife Act should be repealed entirely as well as the definition of “wild animal” in schedule 2 of the Wild Animal Control Act 1977. A new group of schedules labelled 6A to 6D should stand in its place, and may be inserted via a new wildlife amendment act. Alternatively, we believe schedule 3 could be augmented with schedules 3A to D, which would place game animals closer to indigenous species already hunted, subject to conditions imposed on a regional basis by the Minister of Conservation.
  • Schedules 6A to 6D (or 3A to 3D) must be separate items in law. We would not like to see parts I to IV of one new schedule, but would prefer lettered nomenclature for different schedules to treat different classes of animals. A precedent for this nomenclature is already available in the Wildlife Act in schedules 7 and 7A.
  • The suggestions in 1 and 2 would make it easy for the Governor General to apply section 8, which allows movement of animals between schedules, and inclusion and omission of animals from schedules. Such ease of application of section 8 would not be available if only one schedule with four parts was established.
  • The authority for ministerial notices concerning game animals on new schedules should be derived from an amended section 6 of the Wildlife Act and supporting clauses in a new council act. It should in no way be derived from section 7A of the Wildlife Act which could be repealed altogether.
  • NZDA sees problems with establishing new schedules concerning particulars of regions in which animals are managed on estates, farmed, or available for hunting. Schedule 3 of the current act is the only precedent available internally which describes “broad” regions where hunting can occur subject to conditions. The areas listed in schedule 3 are however very generic, and are not specified by maps or other detailed information. In contrast, notices under the Wild Animal Control Act (for example under section 8(4), or section 27 and following) published in the government gazette contain full particulars of locations and exclusions in respect of animal management.

We suggest:

  • That a new wildlife amendment bill should contain a clause allowing the Minister to prescribe and provide adequate information to describe specific areas in respect of animals on new schedules, in particular. These could be defined according to DOC conservancy areas or management areas within conservancies, or local and regional government boundaries, or simply using the NZMS topographical mapping system which, we observe is good enough for the government gazette at present.
  • That a new council bill should include a clause allowing the council to make recommendations from time to time to the Minister on regions which should be included or excluded from any one or more of the schedules. This would mean it could use current information to recommend Fallow deer could be hunted in East Waikato and also farmed there, but not kept on estates, while recommending simultaneously that Fallow in specified areas of Southland be available for hunting only. Such clauses would then allow the Minister to fully use powers he has under section 6 of the Wildlife Act to impose conditions on animal management.
  • That a new wildlife bill should contain a clause requiring publication of ministerial orders pertaining to animals on the new schedules in the government gazette. This would align it with the current Wild Animal Control Act provisions.
  • That the new schedule proposal will expunge the definition of “wild animal” available in section 2 of the Wild Animal Control Act. We propose this definition be repealed in total and replaced with one referring only to wild animals managed for conservation purposes. This would ensure DOC’s legal mandate across both acts would apply only to “wild animals” as described in the ECDD, not to any other animal.
  • That schedule changes currently take a very long time. They are politically emotive and in recent times, have been derailed by institutional problems and differences of opinion within DOC and between it, and MAF, MFE, and other departments. These problems were most recently brought to light in the stalled wildlife schedule review of 2006 which still has not been carried to completion. This, despite numerous sweeping changes DOC’s discussion document proposed many of which were strongly objected to by sections of the public.

We would like to suggest:

  • That a new wildlife amendment bill creating the new schedules and providing enabling clauses to support them be introduced to the House before, or with the new council bill. The new wildlife amendment bill should not be introduced “after” the council bill as potential for derailment of new schedule proposals and changes may leave the council with no animals to manage.
  • That a new wildlife bill should empower the Governor General on ministerial advisement to establish the new schedules and transfer animals to them in one fell swoop, not by several small orders in council. The latter is what usually happens and has been the focus of much debate about wasted time and resources, political interference etc, in the past.
  • That the new council bill should include a part specifically relating to the council’s interaction with the Minister in respect of schedules and advising on schedule changes, additions, or omissions of animals, and/or regions. This part could include clauses allowing the council to make recommendations at regular intervals or simply from time to time. It should enable special public consultation provisions which the council could use after consulting the Minister and any other affected Ministers, and clauses setting out criteria for using consultation provisions when proposing changes to schedules.
  • That a new council bill should contain provisions enabling the council to assist the Minister to facilitate recreational opportunities for hunters in respect of animals managed for conservation purposes only. Ideally clauses could empower the council to make proposals in respect of these animals and then allow the Minister to authorise hunting activity by permit in special conservation areas like the Murchisons or Secretary Island.
  • That a new wildlife amendment bill should contain corresponding clauses, allowing the Minister to implement plans for recreational hunting in areas where animals are being managed for conservation purposes only. This would not be difficult and would give full effect to the proposal in the ECDD in law, rather than in often clumsy regulation such as we have now.

4.3 OTHER MATTERS IN RESPECT OF LEGISLATIVE DRAFTING

NZDA fully understands that this process is designed so submitters can provide the committee with views which may inform the establishment of a council, rather than direct the council itself. We also appreciate and have responded to the challenges posed by the drafting and scrutiny of one or more bills, which will be required to erect and protect the authority of the council.

Yet, where submissions processes are public, the drafting of laws in New Zealand is not. NZDA accepts that this is the time to provide its view on what should appear in any new bill(s), and how different matters should be treated by advisors and drafters. We may not have any formal opportunity to interact with those engaged in drafting and offer the following views for their benefit, as well as for the committee’s benefit.

NZDA wants to see a substantial section on principles which guide the new council’s strategic and operational interactions in new legislation. We would expect a new bill to include objects, purposes, and especially principles upholding:

  • The fostering of trust and cooperation between the council and regional stakeholders and hunters;
  • The fostering of sustainable and mutually beneficial partnerships between regional hunting groups who currently manage herds and hunters, and the council;
  • The fostering and enhancement of, participation in hunting and related outdoor activities;
  • The fostering of access rights for all hunters, irrespective of their social status or personal financial position;
  • Encouragement of safe use of the game resource by hunters and encouragement of promotion of safe use of the resource by game farmers and managers;
  • Enhancement of the wild game animal resource for purposes of sustainability in areas where such can be realistically achieved;
  • The fostering of mediation and negotiation between parties as means of resolving conflict;
  • Promotion of the wild game resources of New Zealand as legitimate, desirable and unique parts of our heritage.

NZDA would especially like to see provisions in a new council bill which clearly guide the production of game animal management plans. We have concerns that previous regulations and attempts at law reform have allowed game farmers and estate owners to capitalize on the quality of the wild game resource through live capture operations, in order to sustain and improve their own stock. We are also concerned that feral ranges should be protected as they are and not altered, to an extent where game animals may induce conflicts between land owners and hunters as they currently do occasionally because of range extension and illegal releases. We would expect any part of the founding legislation dealing with management plans to be at least as comprehensive as sections in part 3A of the Conservation Act, and to permit plans similar to those generated from this statute.

NZDA wants to see sections in a new council bill which establish compliance and law enforcement, and a law enforcement liaison function and attendant powers within the new council. We cite part 5A of the Conservation Act as a useful parallel and in this matter at least, we agree that F&G’s model may be a useful one to follow. Such inclusions would necessarily require consequential amendment of the Wild Animal Control Act, the Reserves Act, and the National Parks Act, which is long overdue in our view.

These suggestions are deliberately generic, but we are happy to provide more detail as in other addenda in this submission if the committee invites further submissions.

Finally, we want to publicly affirm our support in principal for the new proposal, having full regard to all our recommendations, advice, and suggestions.

We look forward to working with the establishment committee, the Minister and his Associate Minister, to consolidate and advance this proposal in the near future.

© 2011 New Zealand Deerstalkers' Association

 

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